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1) MISTAKEN HEKDESH

(a) (Mishnah): Beis Shamai say, if one makes something Hekdesh by mistake, it is Hekdesh; Beis Hillel say, it is not Hekdesh;
(b) (Mishnah): 'The black ox, that was the 1st to leave my house, is Hekdesh'; in truth, a white ox was 1st to leave - Beis Shamai say, it is Hekdesh; Beis Hillel say, it is not Hekdesh.
(c) 'The gold coin, which will be the 1st to come to my hand, should be Hekdesh'; a silver coin came 1st to his hand - Beis Shamai say, it is Hekdesh; Beis Hillel say, it is not Hekdesh.
(d) 'The barrel of wine which will be the 1st to come to my hand, should be Hekdesh'; a barrel of oil came first to his hand - Beis Shamai say, it is Hekdesh; Beis Hillel say, it is not Hekdesh.
(e) (Gemara) Question: What is the reason of Beis Shamai?
(f) Answer: They learn initial Hekdesh (making something Chulin into Hekdesh) from final Hekdesh (transferal of Kedushah).

1. Just as Temurah (declaring that a Chulin animal should be in place of a Hekdesh animal) imparts Kedushah, even when a mistake is made, also initial Hekdesh.
2. Beis Hillel say, this only applies by Temurah, not to initial Hekdesh.

(g) Rhetorical question: According to Beis Shamai, if one said 'This should be in place of this at midday' - does it become Hekdesh right away?!
(h) Answer: Of course not, until midday!
(i) Objection: Also in the Mishnah, Hekdesh should only take effect when the man's words are fulfilled (i.e. the black ox leaves 1st)!
(j) Answer (Rav Papa): His intention was, the 1st black ox to leave.
(k) Question: Is it not the case, he only has 1 black ox?
(l) Answer: No, he has more than one. (This is all according to Tosfos; Rashi explains as follows, according to his text):
(m) [ Answer (Rav Papa) He intended for the 1st ox to leave, be it black or white.
(n) Question: But he said, the black one!

1. Suggestion: Is it not the case, he has several black oxen? (And he meant, the 1st of the black ones to leave)!

(o) Answer: No, he has only one. ]

1. Beis Hillel say, if that was his intention, he should have said 'The one that leaves 1st'.

(a) Question (Rava of Barnish): This is intended Hekdesh, not mistaken Hekdesh!
(b) Answer (Rav Ashi): Because his words can be misconstrued, this is called mistaken Hekdesh.
(c) Question: Do Beis Shamai really hold that mistaken Hekdesh is not Hekdesh?

1. (Mishnah): Reuven was a Nazir; a Chacham annulled his Nezirus. If he had specified an animal for one of the sacrifices of a Nazir, it may graze with the flock (i.e. it has no Kedushah);
2. Beis Hillel (to Beis Shamai): Don't you admit, this is a case of Hekdesh by mistake, and it has no Kedushah!

i. We see from this, Beis Shamai hold that mistaken Hekdesh has Kedushah!

(d) Answer: No - Beis Hillel misunderstood Beis Shamai.

1. Beis Hillel thought that Beis Shamai say that the ox is Hekdesh because they hold that mistaken Hekdesh has Kedushah;
2. In truth, the reason of Beis Shamai is that the man intended for the 1st (black - Tosfos) ox (even if it is white - Rashi).

(e) Question: Do Beis Shamai really hold that mistaken Hekdesh is not Hekdesh?

1. (Mishnah): 6 men were walking on the road; they saw a man walking towards them.
2. 1 of the 6: 'I am a Nazir if the man approaching us is Ploni'.
3. A 2nd of the 6: 'I am a Nazir if the man approaching us is not Ploni'.
4. A 3rd of the 6: 'I am a Nazir if 1 of (the 1st 2 of) you is a Nazir'.
5. A 4th of the 6: 'I am a Nazir if 1 of (the 1st 2 of) you is not a Nazir'.
6. A 5th of the 6: 'I am a Nazir if both of you (the 1st 2) are Nezirim'.
7. The 6th man: 'I am a Nazir if all of you are Nezirim'.
8. Beis Shamai says, all of them are Nezirim.

(f) (Summation of question): This is a case of mistaken Hekdesh, and Beis Shamai says that they are all Nezirim!
(g) Response: Correct, this Mishnah proves that Beis Shamai say that mistaken Hekdesh is Hekdesh; however, the other Mishnah is not a proof.

(a) (Abaye): The case of our Mishnah is not in the morning (before the oxen have left), rather in the afternoon, after they have left.

1. The man said, 'The black ox that left 1st should be Hekdesh'; others informed him that a white ox left 1st.
2. The man: Had I known this, I would not have said 'The black ox' (i.e. my intent was to make Hekdesh the 1st that left - I only said black because I thought it was the black one).

(b) Objection: The continuation of the Mishnah shows that he speaks before the event!

1. (Next case of Mishnah): 'The gold coin which will come 1st (to my hand) ...'

(c) Correction: The Mishnah should say 'That came first'.
(d) Objection: The end of the Mishnah shows that he speaks before the event!

1. (End of Mishnah): 'The barrel of wine which will come 1st...'

(e) Correction: The Mishnah should say 'That came first'.
(f) (Rav Chisda): A black ox among white ones detracts; a white spot in a black ox is a sign of leprosy.
(g) (Mishnah): 'The black ox that left my house 1st is Hekdesh ...'

1. Question: (We are thinking that a person is stingy when making things Hekdesh.) According to Rav Chisda, the person makes Hekdesh generously (better than what he said)!
2. Suggestion: Perhaps Beis Shamai hold that a person makes Hekdesh generously.
3. Rejection: The next case of the Mishnah teaches, 'The gold coin which will come 1st to my hand', and a silver coin came 1st - it is Hekdesh!
4. Suggestion: Perhaps Beis Shamai hold that a person makes Hekdesh stingily.

(h) Rejection: The end of the Mishnah disproves this!

1. (End of Mishnah): 'The barrel of wine which will come 1st to my hand', and a barrel of oil came 1st - it is Hekdesh, even though it is worth more!

(i) Answer: This can be answered - the Mishnah speaks in Galil, where wine is dearer than oil.
(j) Question: The 1st case remains difficult for Rav Chisda (if we do not say that white oxen are better, we can learn the Mishnah in Galil, and Beis Shamai say that a person makes Hekdesh stingily).
(k) Answer: Rav Chisda only referred to oxen of Karmenai (Tosfos - a certain kingdom; Rashi - regarding plowing).
(l) (Rav Chisda): Black oxen have the best hide; red oxen have the best meat; white oxen are the best for plowing.
(m) Objection But Rav Chisda said, a black ox among white ones detracts!
(n) Answer: He was referring to oxen of Karmenai.

(a) (Mishnah): Reuven accepted Nezirus; he sought annulment from a Chacham, but the Chacham said he is bound by the Nezirus. He counts his Nezirus from the day he vowed (even if he was not keeping the laws of a Nazir).
(b) If the Chacham declared his Nezirus to be void - if he had designated an animal for his sacrifices, it may graze with the flock (it has no Kedushah).
(c) Beis Hillel (to Beis Shamai): Don't you agree, because it is mistaken Hekdesh, it has no Kedushah!
(d) Beis Shamai: Don't you agree, one who (was counting his flock to declare the 10th Ma'aser and) erred, and called the 9th '10th', called the 10th '9th', and called the 11th '10th', that they are all Hekdesh!
(e) Beis Hillel: He does not make them Hekdesh because he hit them with his staff (i.e. called them 10th).

1. Had he called the 8th or 12th '10th' - would this have any effect?!
2. Rather, the verse that said that the 10th is Hekdesh also (is expounded to teach) that the 9th and 11th can become Hekdesh.